Terms of Service
Please read these Terms and Conditions carefully before using the Whimmed website, hereinafter referred to as the “Service”. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, please exit all open windows and do not further use the Service.
Intellectual Property
All original content, features and functionality on all Whimmed web properties are and will remain the exclusive property of Whimmed and its licensors as protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and copyrighted content may not be used in connection with any product or service without the prior written consent of Whimmed.
Links To Other Web Sites
We may include, in pages, blog posts and elsewhere, links to third party web sites or services that are not owned or controlled by Whimmed.
Whimmed has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Whimmed is at no point responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third party web sites or services. Please always read the terms and conditions and privacy policies of any third party web sites or services that you visit. This being said, we always thoroughly vet any recommendations, partners, and references linked to from this Service, and in doing so, we strive to recommend third party information and services of only the highest standards.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms of Service.
If any portion of this document should be deemed legally invalid, all remaining provisions of the Terms, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, will continue to remain fully valid in their entirety.
Indemnification
You agree to defend, indemnify and hold harmless Whimmed, and its licensee and licensors, and all their collective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Whimmed, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We reserve the right to customize warranties, on a case by case basis, for those with whom we have a contractual service provider/client relationship, to be mutually agreed upon in a separate and private agreement.
Whimmed does not warrant that a) the Service will function uninterrupted or be available at any particular time or location; b) that any errors or defects will be corrected; or that c) the results of using the Service will meet your requirements. While we take our own security very seriously, we also cannot, for legal purposes, and because there is never a possibility of 100% security, warranty that the Service is free of malware. In the event of any breach, all those affected by the breach will be notified in full compliance with applicable laws and regulations, and in accordance with basic decency. We will never try to hide any breach from affected parties, including visitors, customers, clients, partners, suppliers, vendors, professional service providers, governmental agencies, the public, and others as applicable, should our network or any part thereof become the victim of a breach.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Washington State, United States of America, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, but may be supplemented or replaced, by separate and mutual agreement, with customized Terms and Agreements to support a specific Service Provider and Client or other business relationship. Any supplemental or replacement terms and agreements will reference this document as “Whimmed Standard Terms and Agreements” and will additionally include a date range of applicability of the supplemental or replacement terms and agreements, after end date which this policy shall again become the determining Terms and Agreements going forward.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.
